Martin Bader

Martin Bader

Sheppard Mullin Richter & Hampton LLP

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Patent Trial & Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings, LTD.

In Fiscal Year 2015, the Patent Trial and Appeal Board (“PTAB”) instituted inter partes reviews (“IPR”) on approximately 68% of petitions filed. Overcoming these odds, the PTAB recently instituted 17 out of 17 IPRs filed by...more

3/31/2016 - Ericsson Inter Partes Review Proceedings Order to Stay Patent Trial and Appeal Board Telecommunications

Federal Circuit Limits Estoppel Provision of the AIA

On March 23, 2016, the Federal Circuit addressed the scope of the estoppel provision for inter partes reviews (“IPRs”) contained in Section 315 of the American Invents Act. The Court relied on the plain reading of “during”...more

3/30/2016 - America Invents Act Estoppel Inter Partes Review Proceedings Patent Invalidity USPTO

Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings

In a recent decision, Versata Software, Inc. v. Callidus Software, Inc., No. 2014-1468 (Fed. Cir. Nov. 20, 2014), the Federal Circuit ordered the District of Delaware to stay district court litigation pending a covered...more

12/1/2014 - America Invents Act Covered Business Method Proceedings Motion To Stay Patent Infringement Patents

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

10/14/2013 - Attorney's Fees Certiorari Frivolous Lawsuits Infringement Non-Practicing Entities Patent Trolls Patents Prevailing Party SCOTUS

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

10/10/2013 - Declaration False Statements Inequitable Conduct Infringement Materiality Patents USPTO

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